CopyCited 148 times | Published | Supreme Court of Florida | 2001 WL 252160
...(8) the defendant's sentence is unlawful under Tison v. Arizona,
481 U.S. 137,
107 S.Ct. 1676,
95 L.Ed.2d 127 (1987); (9) the trial court erred in its assessment of aggravating and mitigating factors; (10) the trial court erred in failing to declare section
922.10, Florida Statutes (1997), unconstitutional; and (11) the trial court erred in failing to declare section
921.141, Florida Statutes (1997), unconstitutional....
...arrow III. Therefore, the record adequately supports the trial court's conclusion that Stephens and Cummings were not equally culpable. See Raleigh v. State,
705 So.2d 1324 (Fla.1997); Cardona v. State,
641 So.2d 361 (Fla.1994). Constitutionality of Section
922.10 Stephens argues section
922.10, Florida Statutes (1997), which provided for execution by electrocution, is unconstitutional....
CopyCited 128 times | Published | Supreme Court of Florida | 2000 WL 193226
...need not determine the applicability of the 1998 amendments to article I, section 17 of the constitution. [11] On January 7, 2000, the legislature submitted a bill to Governor Bush for signature. The pertinent portion of the bill stated: Section 1. Section 922.10, Florida Statutes, is amended to read: 922.10 Execution of death sentence; executioner. A death sentence shall be executed by electrocution or lethal injection in accordance with s. 922.105.... Section 2. Section 922.105, Florida Statutes, is amended to read: 922.105 Execution of death sentence; prohibition against reduction of death sentence as a result of determination that a method of execution is unconstitutional. (1) A death sentence shall be executed by lethal injection, unless the person sentenced to death affirmatively elects to be executed by electrocution....
CopyCited 40 times | Published | Supreme Court of Florida
...We need not reach the merits of this argument inasmuch as the claim is not properly before this Court. The execution of the death sentence is regulated by statute and carried out by the Department of Corrections, a part of the executive branch of government. § 922.10 and .11, Fla....
CopyCited 36 times | Published | Supreme Court of Florida | 1999 WL 756012
...37,
139 L.Ed.2d 5 (1997). A great number of prisoners presently on death row have been sentenced to death by judgments which specify use of the electric chair because their sentences conformed with the existing law. All have been sentenced on the basis of section
922.10, Florida Statutes, which states: "A death sentence shall be executed by electrocution." Not only does this United States Supreme Court precedent present legal issues on a change of this Florida statute, the Florida Constitution present...
...njection from electrocution because it was considered to be a "more humane method of execution." While the report notes problems encountered in the past with almost all methods of execution, including lethal injection, the Commission recommends that Section 922.10, Florida Statutes, be amended to allow lethal injection as an alternative method of execution, in addition to electrocution, for those persons currently on a sentence of death....
...on chairman) (emphasis omitted and added). Unfortunately, unlike the New York Legislature a century ago in Kemmler, the Florida Legislature has failed to heed the state's own experts and switch to the more humane method. VI. SOLE METHOD OF EXECUTION Section 922.10, Florida Statutes (1997), provides that a death sentence in Florida shall be carried out by electrocution: 922.10 Execution of death sentence; executioner.A death sentence shall be executed by electrocution. The warden of the state prison shall designate the executioner.... The warrant authorizing the execution shall be read to the convicted person immediately before execution. § 922.10, Fla....
...No sentence of death shall be reduced as a result of a determination that a method of execution is held to be unconstitutional under the State Constitution or the Constitution of the United States. §
775.082(1)-(2), Fla. Stat. (Supp.1998) (emphasis added). Although section
922.10, Florida Statutes (1997) (calling for execution by electrocution), [52] remains unchanged, chapter 922 has been amended to provide that if electrocution is held to be unconstitutional, then all capital defendants shall be executed by lethal injection:
922.105 Execution of death sentence by lethal injection if death by electrocution is declared unconstitutional; prohibition against reduction of death sentence as a result of determination that a method of execution is unconstitutional. (1) A death sentence shall be executed by electrocution pursuant to s.
922.10....
...Constitution or the Constitution of the United States. In any case in which an execution method is declared unconstitutional, the death sentence shall remain in force until the sentence can be lawfully executed by any valid method of execution. *440 § 922.105, Fla....
...c chair."). [38] Both Kentucky and Tennessee have recently switched from electrocution to lethal injection as the official method of execution. See Ky.Rev.Stat. Ann. § 431.220 (Mitchie Supp. 1998); Tenn.Code Ann. § 40-23-114 (Supp. 1998). [39] See §
922.105(1), Fla. Stat. (Supp.1998) ("If electrocution is held to be unconstitutional... all persons sentenced to death for a capital crime shall be executed by lethal injection."). [40] See supra note 19. [41] See §
20.315(6), Fla. Stat. (1997). [42] See §
922.105, Fla....
...over a person previously sentenced to death for a capital felony shall cause such person to be brought before the court, and the court shall sentence such person to life imprisonment as provided in subsection (1). §
775.082, Fla. Stat. (1997). [52] Section
922.10, Florida Statutes (1997), provides as follows:
922.10 Execution of death sentence; executioner.A death sentence shall be executed by electrocution. The warden of the state prison shall designated the executioner.... The warrant authorizing the execution shall be read to the convicted person immediately before execution. §
922.10, Fla....
CopyCited 30 times | Published | Supreme Court of Florida | 1997 WL 652073
...I concur with the majority that Florida's electric chair, in its current condition, does not violate either the United States Constitution's ban on cruel and unusual punishment or the Florida Constitution's ban on cruel or unusual punishment. I write separately to encourage the legislature to amend section 922.10, Florida Statutes (Supp.1996), to provide that a death sentence may be executed either by electrocution or by lethal injection....
...any other court, we might find ourselves in the same situation as the Anderson court. Section
775.082(1), Florida Statutes (1995), provides that a person convicted of a capital felony shall be punished either by death or life imprisonment. In turn, section
922.10 currently provides but one method by which a death sentence shall be executed: electrocution....
...ission's 1997 Supplemental Report on Execution Methods Used by States. In a letter to the Governor, the President of the Senate, and Speaker of the House, the Commission Chairman summarized the results of the Commission's survey and recommended that section 922.10, Florida Statutes (Supp.1996), be amended to phase out the electric chair as a means of execution in Florida....
...ection from electrocution because it was considered to be a "more humane method of execution." While the report notes problems encountered in the past with al most all methods of execution, including lethal injection, the Com mission recommends that Section 922.10, Florida Statutes, be amended to allow lethal injection as an alternative method of execution, in addition to electrocution, for those persons currently on a sentence of death....
...e considered. II. FLORIDA'S ELECTRIC CHAIR While the people of Florida have designated capital punishment as an appropriate sanction for certain crimes, the legislature has implemented electrocution as the sole method of execution in this State. See § 922.10, Fla....
CopyCited 28 times | Published | Supreme Court of Florida | 39 Fla. L. Weekly Supp. 421, 2014 WL 2609154, 2014 Fla. LEXIS 1887
... of the death penalty in several statutes. See, e.g., §
921.141, Fla. Stat. (2013)
(establishing procedures for the imposition and administration of the death
penalty); §
922.06, Fla. Stat. (2013) (establishing procedures for a stay of
execution); §
922.10, Fla. Stat. (2013) (establishing means by which a death
sentence shall be executed); §
922.105(1), Fla....
CopyCited 23 times | Published | Supreme Court of Florida | 2000 WL 1508576
...State,
710 So.2d 543, 546 (Fla. 1998); see also Arvelaez v. Butterworth,
738 So.2d 326, 326 (Fla.1999). Moreover, Rose has not alleged how he was prejudiced by the inadequate funding. Likewise, we find that claim (7) regarding electrocution is without merit. See §
922.10, Fla....
CopyCited 21 times | Published | Supreme Court of Florida | 2000 WL 218114
...mption"). Therefore, section
945.10(1)(e) satisfies the constitutional requirements for an exemption to the public records disclosure law since it provides a meaningful exemption that is supported by a thoroughly articulated public policy. [6] Next, section
922.10, Florida Statutes (1999), as amended by chapter 2000-2, section 1 of the Laws of Florida, provides that "[i]nformation which, if released, would identify the executioner is confidential and exempt from the provisions of s.
119.07(1) and s. 24(a), Art. I of the State Constitution." §
922.10 Fla....
...hat person to potential harassment, intimidation, and harm." Ch.2000-1, § 3, Laws of Fla. Thus, the legislature provided the requisite public necessity for the exemption. Bryan's claim that chapter 2000-1, section 1 of the Laws of Florida (amending section 922.106, Florida Statutes (1999)), is unconstitutional is also without merit....
...constitutional prohibition against "special laws," and (4) the statute provides for a waiver that is not knowing and intelligent. SEPARATION OF POWERS Bryan argues that chapter 2000-2, section 2 of the Laws of Florida (amending, among other things, section 922.105, Florida Statutes (1999)) is unconstitutional because the legislature engages in constitutional interpretation, which is the exclusive domain of the judiciary....
...tutional, thus exercising this Court's power and duty to adjudicate conflicts arising from the interpretation or application of laws. See Commission on Ethics v. Sullivan,
489 So.2d 10, 13 (Fla. 1986). Bryan further argues the amendments to sections
922.10 and
922.105, Florida Statutes, which add lethal injection as a method of execution, also violate the separation of powers doctrine in that the legislature unlawfully delegated its authority to the DOC....
...nlawful delegation of legislative power argument in Sims, we hold that Bryan's claims regarding the separation of powers doctrine are without merit. UNLAWFUL AMENDMENT TO THE CONSTITUTION We also find without merit Bryan's assertion that in amending section 922.105 as mentioned above, the legislature unlawfully amended the Florida Constitution....
CopyCited 19 times | Published | Supreme Court of Florida | 2007 WL 3377079
...(8) the defendant's sentence is unlawful under Tison v. Arizona,
481 U.S. 137,
107 S.Ct. 1676,
95 L.Ed.2d 127 (1987); (9) the trial court erred in its assessment of aggravating and mitigating factors; (10) the trial court erred in failing to declare section
922.10, Florida Statutes (1997), unconstitutional; and (11) the trial court erred in failing to declare section
921.141, Florida Statutes (1997), unconstitutional....
CopyCited 9 times | Published | District Court, M.D. Florida | 1990 U.S. Dist. LEXIS 12826, 1990 WL 141460
...is not warranted. The merits of petitioner's claim can be evaluated from two perspectives. One view was followed by Judge Fawsett, who framed the issue as "whether the means selected by the State to carry out the statutory mandate of Florida Statute § 922.10 is malfunctioning so that the execution of Petitioner will be effected with unnecessary pain and suffering in violation of the Eighth Amendment's proscription against cruel and unusual punishment." Buenoano Order, at 77....
CopyCited 9 times | Published | Supreme Court of Florida
...the full processes of the judicial system. The sentence is imposed by the judicial branch of government, but its execution lies within the executive branch of government. The legislature has provided for the method of execution of a death sentence, section
922.10, Florida Statutes (1983), and the regulation of the execution, section
922.11, Florida Statutes (1983)....
CopyCited 3 times | Published | District Court, N.D. Florida | 1998 U.S. Dist. LEXIS 10453, 1998 WL 128430
...lenge not to the sentence but to the conditions under which the state proposes to carry it out. [4] The state courts sentenced these plaintiffs to death. Under state law as currently in force, that sentence is to be carried out by electrocution. See § 922.10, Florida Statutes (1997)....
